Election is the embodiment of the popular will, the expression of the sovereign power of the people. It involves the choice or selection of candidates to public office by popular vote.

“any election” as used in the Constitution or the Election Code includes all elections in the country and refers not only to any election then provided in the laws or the Constitution, but to any election which may thereafter be required to be held pursuant to law.

“regular election”, whether national or local, refers to an election participated in by those who possess the right of suffrage are not otherwise disqualified by law, amd who are registered votes.

“special election” is one held where there is failure of election on the scheduled date of regular election (in the particular place or which is conducted to fill up certain vacancies, as provided by law.

The purpose of an election is to enable the electorate to choose the men and women who would run their

government, whether national, provincial, city, municipal, or barangay.

To promote free, orderly, and honest elections.

THE COMISSION ON ELECTIONS

Rotational Plan in the appointment to the Commission:

The Constitution required that for the Comissioners first appointed, three shall hold office for seven years, three for five years, and the last three for three years.

This is to ensure continuity in the expertise and work of the Commission.

Indepency of Commission:

1. Given fixed terms without reappointment.

2. Salaries shall not be decreased during their continuance in office.

3. During their tenure not engage in practice of any profession or in the management of any business, or be financially interested.

4. Only be removed from office or impeachment or culpable

violation of the Constitution, treason, bribery or other high crimes, or graft and corruption.

Composition:

Chairman

6 Commissioners

The powers of the Comission may be classified into

(1) Executive

Refers to the enforcement and administration of the election laws.

(2) Legislative

Refers to the issuance of rules and regulations to implement the election laws and to the exercise of such legislative functions as may be expressly delegated.

(3) Judicial

Embraces the power to resolve controversies that may arise in the enforcement of election laws and to be the sole judge of all pre-proclamation disputes and election contests.

Jurisdiction of COMELEC in division, en banc.

Exc:

1. Purely administrative and not quasi-judicial in nature.

2. 2-1 decision rendered by the COMELEC in division is a valid decision.

3. Petitioner invoked the jurisdiction of the COMELEC en banc, participated in its proceedings and sought reliefs therefrom.

The jurisdiction of the COMELEC is merely appellate, from appeals from decisions of the municipal or metropolitan trial courts.

The COMELEC has jurisdiction over petitions for disqualification of municipal, provincial, city, congressional, senatorial, vice presidential and presidential officials filed before the elections.

Where the COMELEC en banc is equally divided in opinion or the necessary majority vote cannot be had, the case will be reheard and if after rehearing no decision is reached, the action originally commenced in the COMELEC is DISMISSED. In appealed cases, the judgment or order appealed from shall STAND AFFIRMED, and in all INCIDENTAL MATTERS, the petition or motion shall be DENIED.

PETITION FOR REVIEW TO SUPREME COURT

The decisions or ruling refer to the decision or final order of the COMELEC en banc and not of any division thereof.

A motion for reconsideration of a decision of the COMELEC Division has to be filed first, which is resolved by the COMELEC en banc, whose decision on the motion for reconsideration may then be the

subject of a petition for certiorari with the Supreme Court.

The COMELEC has exclusive appellate jurisdiction over all contests involving municipal officials decided by trial courts of general jurisdiction (RTC) as well as those involving barangay officials decided by trial courts of limited jurisdiction (MTC/MetTCs).

All questions affecting elections

The Constitution grants the Commission the power to “decide, except those involving the right to vote, all questions affecting elections, including the determination of the number and location of polling places, appointment of election officials and inspectors, and registration of votes.

The Commission exercises DIRECT AND IMMEDIATE SUPERVISION AND CONTROL over national and local

officials or employees including members of any national or local law enforcement agency and instrumentality of the government required by law to perform duties relative to the conduct of elections.

The power of direct supervision and control includes the power to review, modify or set aside any act of such national and local officials which the Commission may find to do so.

Ex: Board of Election Inspectors, and Board of Canvassers are election officials. – the power also to relieve any member thereof for cause and to appoint a substitute.

The Commission has the power to annul an illegal canvass and an illegal proclamation, as well as the authority to suspend the canvass or the proclamation of winning candidates.-must have notice and hearing.

The Commission has the power to decide administrative questions concerning the registration of voters. This power includes the authority to annul illegal registry list of voters.

Questions concerning the right to vote, which are within the competence of the courts, refers to

the administration of whether or not a person can exercise or is precluded from exercising the right to suffrage.

The question of inclusion or exclusion from the list of voters involves the right to vote.

The Commission has the exclusive authority to investigate and if warranted, prosecute before the regular courts election offenses whether committed by public officers or private persons.

The Commission has the authority to issue subpoena and grant immunity from criminal prosecution.

COMELEC as Board of Canvassers for the election of Senators.

CERTIFICATE OF CANDIDACY

A certificate of candidacy is in the nature of a formal manifestation to the whole world of the candidate’s political creed or political creed.

Sworn Certificate of Candidacy

A certificate of candidacy seasonably filed may be amended before the elections, even after the date of its filing,

FORMAL DEFECTS – not render the certificate invalid and may be cured by amending the certificate of candidacy.

Substution of Candidacy:

1. Dies2. Withdraws – under OATH3. Disqualfied for any cause

(only a person belonging to and certified by the same political party)

Election Disputes:

Before Election

1. Disputes filed against the erring candidate before the election.

2. Pre-proclamation controversies3. Post election disputes

Grounds:

1. Given money or material consideration.

2. Committed acts of terrorism3. Solicited, received or made any

contribution prohibited.4. Violated sections5. Permanent resident or an

immigrant to a foreign country.6. Insane7. Moral Turpitude.

Disqualification case

2 aspects

1. Administrative2. Criminal

Quo Warranto – filed within 10 days from proclamation

1. Winners inegibility2. Disloyalty to the Republic of

the Philippines.

Election Protest

1. Election Frauds and Irregularities.

The rule is that the disqualification of a candidate under Sec 68 of OEC in a particular election cannot extend to the next succeeding election. Removal cannot extend beyond the

term during which the alleged misconduct was committed.

PETITION TO DECLARE NUISANCE CANDIDATE

Comission motu proprio, verified petition of an interested party

- Filed within (5) days from the last filing of certificate of candidacy.

M-D-C

1. Those who filed his certificate of candidacy to put the election process in mockery or disrepute or to cause confusion among voters.

By the similarity of names of the registered candidates or who by other acts or circumstances is clearly demonstrated to have no bona fide intention to run for the office.

Actions:

1. Refuse to give due course.2. Cancel Certificate of Candicacy.

Petition To Cancel Candidacy

1. That any material representation contained

therein as required under Sec 74 thereof is false.

At any time not later than 25 days from the time of filing Certificate of Candidacy.

Pre proclamation Controversy

Refers to any question pertaining to or affecting the proceedings of the Board of Canvassers

Which may be raised by any candidate or by any registered political party or coalition of political parties

Before the board or directly with the Commission, or any matter raised under Secs 233, 234, 235 and 236 in relation to the preparation, transmission, receipt, custody and appreciation of the election returns.

P-T-R-C-A of ER

The purpose – to ascertain the winner or winners in the elections on the basis of the election returns duly authenticated by the board of inspectors and admitted by the board of canvassers. A pre-

proclamation controversy is summary in nature.

The COMELEC has authority over issues affecting the election of member of Congress , who has not been proclaimed and taken his oath, involving:

1. Manifest errors in the certificate of canvass or election returns.

2. The composition of the board or its proceeding.

Annulment or Suspension of Proclamation – must be with hearing

Issue of Pre-proclamation controversy

I-I-D-C

a. Illegal Composition or Proceedings of BOC

b. Incomplete canvassed election returns.

c. Election Returns with duress, threats, coercion and intimidation, obviously manufactured.

d. Fraudulent returns in controverted polling places were canvassed.